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ENGINEERS (REGISTRATION, ETC.) (AMENDMENT) ACT, 2018

EXPLANATORY MEMORANDUM

This Act amends the Engineers (Registration, etc.) Act, Cap Ell, Laws of the Federation
of Nigeria, 2004 to, among other things, broaden the powers of the Council and its
Registrar, recognise the diversity of engineering profession and provide for engineering
regulation monitoring.
 ENGINEERS (REGISTRATION, ETC.) (AMENDMENT) ACT, 2018

Arrangement of Sections

Section:

1. Amendment of Cap. Ell, LPN, 2004.

2. Amendment of long title.
3. Amendment of section 1.
4. Substitution for section 2.
5. Substitution for section 4.
6. Insertion of new sections 4A - 4D.
7. Amendment of section 6.
8. Amendment of section 7.
9. Amendment of section 11.
10. Amendment of section 13.
11. Substitution for section 14.
12. Amendment of section 15.
13. Amendment of section 16.
i:

I 14. Amendment of section 17.

i
15. Amendment of section 18.
16. Insertion of new sections 18A - 18D.
17. Amendment of section 19.
18. Amendment of section 20.
19. Insertion of new section 21A.
,
20. Amendment of section 22.
! !
21. Amendment of First Schedule.
22. Insertion of Third Schedule.
23. Citation.
 ENGINEERS (REGISTRATION, ETC.) (AME~DMENT) ACT, 2018

A Bill

For

An Act to amend the Engineers (Registration, etc.) Act, Cap. Ell, Laws of the Federation of
Nigeria, 2004 to, amongst other things, broaden the powers of the Council and its Registrar and
I
recognise the diversity of engineering profession; and for related matters. f

Commencement

ENACTEDby the National Assembly of the Federal Republic of Nigeria -

1. The Engineers (Registration, etc.) Act, Cap Ell, Laws of the Federation of Nigeria, Amendment
ofCap.
Ell, LFN, 2004.
2004 (in this Act referred to as "the Principal Act") is amended as set out in this Act.

2. The long title of the Principal Act is amended by substituting for the words, "of Amendment
oflong
title.
Registered Engineers of', the words, "for the Regulation of Engineering in".

3. Section 1 of the Principal Act is amended -

Amendment
ofsection
1.
(a) in subsection (1)-

(i) paragraph (a), by substituting for the word,

"engineers", the words, "engineering practitioners",
(ii) paragraph (b), by substituting for the word,
"engineers", in line 2, the words, "engineering
practitioners" ,
(iii) paragraph (c), by substituting for the words, "a
register", in line 2, the word, "registers", and word,
"engineers", in line 2, the words, "engineering
practitioners", and
(iv) by substituting for paragraph (e), new paragraphs
"(e)" - "(i)"-

"(e) prosecuting any person or firm that contravenes

the provisions of this Act in a court of competent
jurisdiction;

(f) regulating industrial training schemes in

engineering for the training of engineering
practitioners and students;

(g) ensuring capacity building and monitoring local

 content development in the Nigerian engineering
industry through -

(i) mandatory attachment of Nigerians to

expatriate engineers on major projects to
understudy them from inception,

(ii) ensuring that all foreign engineering firms

establish their design offices in Nigeria,

(iii) granting of compulsory attestation to all

expatriate quota applications for engineering
practitioners, including turnkey project, that
there are no qualified and competent
Nigerians for the job in question at the time
of application and that granting of the
expatriate quota shall be contingent on.
training of such number of persons as may be
required for the execution of the job, and

(iv) ensuring that, before being allowed to

practise in Nigeria, such foreign engineering
practitioners granted work permit, register
with the Council and obtain such licences
including practising licences as may be
required from time to time;

(h) investigating engineering failures; and

(i) performing other functions conferred on the

Council by this Act; and

(b) in subsection (2)-

(i) by substituting for the words, "register of engineers", in

line 2, the words, "registers of engineering
practitioners",

(ii) in paragraph (c), by inserting after the word,

"rotation", the words, "provided that they are serving
Deans of Engineering",

(iii) in paragraph (d), by inserting after the word,

"rotation", the words, "provided that he is a serving
Dean of Engineering",
 (iv) in paragraph (f), by inserting after the word,
"rotation", the words, "provided that no two persons
shall be appointed from the same geopoli~ical zone",
and .

(v) by substituting for paragraphs (g) and (h), new

paragraphs "(g)" - "(i)" -

"(g) four persons to be appointed by the Minister of

whom one shall be from the Ministry under his
control and the other persons from amongst
other interests in the field of engineering
covered by this Act which,' in his opinion, are
not adequately represented";

(h) one person each to represent-

(i) Nigerian Association of Technologists in

Engineering,

(ii) Nigerian Society of Engineering

Technicians, and

(iii) Nigerian Association of Engineering

Craftsmen; and

(i) one person each appointed to represent the-

(i) Association for Consulting Engineering in

Nigeria,

(ii) Federation of Construction Industry In

Nigeria,

(iii) Manufacturers Association of Nigeria,

and

(iv) Armed Forces in rotation."

4. (1) Substitute for section 2 of the Principal Act, a new section "2"- Substitution for section
2.

"Financial
2. (1) The Council shall establish and
provisions maintain a fund (in this Act referred to as "the Fund")
into which shall be paid and credited -

(a) money appropriated by the National Assembly;

 (b) all subventions, fees, fines, penalties, and charges
for services rendered or publications made by the
Council;

(c) gifts, endowments, bequests, loans, donations,

grants or aids;

(d) foreign aids and 'assistance from bilateral and

multilateral agencies;

(e) forfeiture surcharge from funds forfeited to the

Federal Government of Nigeria by offenders
under this Act;

(f) engineering development levy from all

engineering projects undertaken by the Federal
Government of Nigeria; and

(g) other assets which may accrue to the Council.

(2) The Council may apply the proceeds of the Fund for -

(a) the cost of administration of the Council;

(b) the payment of salaries, fees and other

I-
I remuneration of employees of the Council, experts
or professionals appointed by the Council;

(c) maintenance of any property acquired by, or vested

in, the Council;

(d) the development and periodic revision of the

Nigerian Engineering Codes and Standards;

(e) . the operation of Engineering Regulations

Monitoring; and

(f) any expenditure connected with all or any function

of the Council under this Act.

(3) The Council shall prepare and submit to the Minister, not
later than the 30th of September of each year, an estimate of
its income and expenditure for the next succeeding financial
year.

(4) The Council shall keep proper accounts in respect of each

 financial year and proper accounts in relation to those
accounts and shall cause its accounts to be audited as soon as
may be after the end of the financial year to which the
accounts relate, by a firm of auditors approved in respect of
that year by the Council.

(5) The supplementary provisions relating to the payment and

collection of levies, fees, charges, surcharges or other
stipulated sources of funding under this Act are as set out in
the Third Schedule to this Act." Third Schedule.

5. Substitute for section 4 of the Principal Act, a new section "4"- Substitution for section
4.

"Registrar of the 4. (1) There shall be, for the Council, a

__ Council.
Registrar who shall be appointed by the Council.

(2) The Registrar is-

(a) the Chief Executive and Accounting Officer of the

Council;

(b) a registered engineer who possesses such relevant

qualifications as determined by the Council; and

(c) responsible for the execution of policy and the

administration of the affairs of the Council.

(3) The Registrar shall hold office -

(a) for a term of three years in the first instance and may
be reappointed for a further term of three years and no
more; and

(b) on such terms and conditions as may be specified in

his letter of appointment."

Insertion of new
6. Insert after section 4 of the Principal Act, new sections "4A" - "4D" - sections 4A - 4D.

"Preparation and 4A. (1) The Registrar shall prepare and maintain,
maintenance of in accordance with rules made by the Council under this
the registers.
section, registers of names, addresses and approved
qualifications and, of such other particulars as may be
specified, of all persons who are entitled, in accordance
with the provisions of this Act, to be registered as
registered engineering practitioners and who apply in the
specified manner to be so registered.
(2) The registers of engineering practitioners (in this Act
referred to as the "the Registers") shall consist of
registered -

(a) engineers;

(b) engineering technologists;

(c) engineering technicians;

(d) engineering craftsmen;

(e) engineering consulting firms; and

(f) engineering firms compiled subject to the provisions

of section 10 of this Act.

(3) Subject to the provisions of this Act, the Council shall

make rules with respect to the form (including digital or
electronic), keeping of the registers and the making of
entries in the registers, and in particular -

(a) regulating the making of applications for

registration and periodic practising licence and
providing for the evidence to be produced in
support of applications;

(b) providing for the notification to the Registrar, by

the person to whom the registered particulars
relate, of any change in those particulars;

(c) authorising a registered person to have any

qualification which is, in relation to the relevant
division of the profession whether an approved
qualification or an accepted qualification for the
purpose of section 6 (2) of this Act, registered in
relation to his name in addition to or, as he may
elect, in substitution for, any other qualification so
registered;

(d) specifying the fees to be paid to the Council in

respect of the entry of names on the registers and
issuance of licences and authorising the Registrar
to refuse to enter a name on a register or issue
licences until the fees specified for such entry have
 !7 (
been paid;

(e) relating to the issuance of practising licence and

specification of period of validity and the fees to
be paid;

(1) specifying the manner in which professional

associations may certify their members for the
purpose of registration under this Act; and

(g) specifying anything not specified under the

provisions of this section.

(4) The Registrar shall -

(a) correct, in accordance with the Council's directions,

any entry in the register which the Council directs
him to correct as being, in the Council's opinion, an
entry which was incorrectly made;

(b) make any necessary alteration to the registered

particulars of registered persons;

(c) remove from the register the name of any registered

person who has died;

(d) remove, from the relevant register of engineering

practitioners, all particulars relating to persons
registered improperly out of misinformation,
expiration of resident permits or any other grounds;

(e) remove, from the' appropriate register, any person

who, after due inquiry, is adjudged by the Council to
have been guilty in his professional capacity of
infamous conduct, gross negligence or
incompetence; or

(f) remove from the appropriate register, any person

who is convicted of any criminal offence which, in
the opinion of the Council, renders him unfit to
practise".

(5) If the Registrar-

(a) sends by post or electronic means to any registered

person a registered letter or electronic mail addressed
 ( l?--

to him at his address on the register and copied to

the respective professional associations; enquiring
whether the registered particulars relating to him are
correct and receives no reply to the letter within the
period of six months from the date of posting it, and

(b) upon the expiration of that period, sends in like

manner to the person in question a second similar
letter and receives no reply to that letter within three
months from the date of posting it,

the Registrar may remove the particulars relating to the

person in question from the relevant register.

(6) Upon appeal, the Council may direct the Registrar to

restore to the appropriate part of the register the
particulars so removed."

Other staff of 4B. (1) The Council may appoint such officers and.
the Council. other employees as it may deem necessary.

(2) Subject to the Pensions Reform Act, the AetNo. 4, 2014.

terms and conditions of service (including remunerations,
allowances, benefits and pensions) of officers and
employees of the Council shall be determined by the
Council. '

Staff 4C. The Council may, subject to the provisions of

regulations. this Act, make staff regulations relating generally to the
conditions of service of the employees of the Council, and
such regulations may provide for -

(a) the appointment, promotion and disciplinary control

(including dismissal) of the employees of the Council;
and .

(b) appeals by such employees against. dismissal or other

disciplinary measures.

Pensions 4D. The employees of the Council are entitled to

provisions. pensions and other retirement benefits as prescribed under the Act No, 4, 2014.
Pensions Reform Act."

Amendment of section
7. Section 6 of the Principal Act is amended by- 6.
 llJ
(a) substituting for the word, "engineers" in the marginal note, the
words, "engineering practitioners";

(b) substituting for subsection (1), a new subsection "(1)"-

"(1) Subject to section 16 of this Act, a person is entitled to be

fully registered under this Act if he has satisfied the
requirements of his professional association and -

(a) attended a course of training approved by the Council

under this Act;

(b) the course was conducted at an institution so

accredited, or partly at one such institution and partly
at another or others;

(c) he holds a qualification so approved; and

(d) he holds a certificate of experience issued under

sections 9 and 13 of this Act.";

(c) in subsection (3), by deleting the word, "provisionally" in line

1; and

(d) inserting after subsection (3), new subsections "(4)" and "(5)"-

"(4) Fully registered engineering practitioners shall have their

practising licence renewed annually as may be provided
for by regulations made under this Act.

(5) Registered engineering consulting firms shall have their

practising licence renewed biennially as may be provided
for by regulations made under this Act."

8. Section 7 (2) of the Principal Act is amended by substituting for the word, "after", in Amendment of section
line 1, the word, "before". 7.

9. Section 11 ofthe Principal Act is amended- Amendment of section

11.

(a) in the marginal note, by inserting before the word,

"consultants", the word, "engineering";

(b) in subsection (1), by deleting the word, "annually" in line 1;

(c) by substituting for subsection (2), a new subsection "(2)" -

 Il~
"(2) An organisation performing engineering consultancy
shall not put itself out, solicit for or offer engineering
services to the public or engage in engineering practice
unless it is registered under this Act and such
organisation shall hold a valid practising licence."; and

(d) by deleting subsection (3).

1O. Section 13 of the Principal Act is amended- Amendment of section

13.

(a) in subsection (2) -

(i) paragraph (b), by substituting for the word, "engineers" in

line 2, the words, "engineering practitioners",

(ii) substituting for paragraph (c), new paragraphs "(c)" -

"(e)" -

"( c) he shall have undergone an organised and supervised

post-graduation industry training;

(d) in the case of a craftsman, he has completed a

minimum of two years working experience in his trade
and submits an acceptable attestation"; and

(e) the manner in which he discharged his duties as an

employee and his conduct during the period of his
employment shall have been satisfactory", and \

(b) in subsection (3), by-

(i) substituting for the word, "persons", in line 2, the word,

"practitioners"; and

(ii) substituting for the expression, "paragraph (b) of subsection

(2)", in line 4, the expression, "subsection (2) (b)"; and

(c) by inserting after subsection (5), a new subsection "(6)"-

"(6) For the purposes of this section, experience includes all

work done during practical training sessions provided for
by an Act of the National Assembly."

11. Substitute for section 14 of the Principal Act, a new section "14"- Substitution for section
14.
"Posting of
professionals to 14. (1) The Directorate of the National Youth Service
relevant places
 Corps shall ensure posting of graduate engineers and
technologists to places of relevant professional
engineering experience.

(2) Pursuant to the provision of subsection (1), the

Directorate of National Youth Service Corps shall
communicate the location of graduate engineers and
engineering technologists to the Council."

12. Section 15 of the Principal Act is amended- Amendment of section

15.
(a) in subsection (1), by substituting for the words, "Registered
Engineers", in line 1, the word, "Engineering";

(b) in subsection (2), by substituting for the expression, "paragraph

(d) of subsection (2)", in line 3, the expression, "subsection (2)
(b)";

(c) in subsection (3) -

(i) by substituting for the words, "Registered Engineers", in

line I, the word, "Engineering",

(ii) in paragraph (a), by deleting the words, "fully or

provisionally", in line 2; and

(d) in subsection (4), by substituting for the words, "seven

members of the Council", the words, "the Chairman who shall
be a Council member, two other Council members and four
other non-Council members who shall be knowledgeable in the
matter under investigation".

,- 13. Section 16 (1) of the Principal Act is amended - Amendment of section

16.

(a) in paragraph (a), by substituting for the word, "engineer", in

line 4, the words, "engineering practitioner";

(b) by deleting paragraph (b);

(c) in paragraph (d), by substituting for the words, "engineers or

engineering consultants without the annual registration" in line
2, the words, "engineering practitioners without practising
licence"; and

(d) by renumbering the subsection appropriately.

 l7~
14. Section 17 of the Principal Act is amended ., Amendment of section
17.

(a) in the marginal note, by deleting the word, "Provisional";

(b) in subsection (1) (a), by inserting after the word, "engineer", in

line 2, the word "or engineering technologist";

(c) in subsection (1) (b), by inserting after the word, "engineer",

the words, "or engineering technologist";

(d) in subsection (5), by inserting after the word, "engineer", in

line 2, the words, "or engineering technologist"; and

(e) by inserting after subsection (6), a new subsection "(7)"-

"(7) The provisions of this section shall be subject to the

provisions of section 1 (1) (g) of this Act."

15. Section 18 of the Principal Act is amended- Amendment of section

18.

(a) in subsection (1) -

(i) by substituting for the word, "engineer", in line 1, the

words, "engineering practitioner", and

(ii) in paragraph (b), by substituting the word, "engineer", in

line 2, the words "engineering practitioner";

(b) in subsection (2) -

(i) paragraph (a), by substituting for the word, "engineer", in

line 2, the words, "engineering practitioner"; and

(ii) paragraph (b), by substituting for the word, "engineer", in

line 2, the words, "engineering practitioner";

(c) by substituting for subsections (4) - (6), new subsections "(4)"

- "(12)"-

"(4) An engineering practitioner who practises without paying

his practising fee commits an offence.

(5) A person or organisation who offers engineering

consultancy or charges a professional fee without a valid
licence issued by the Council commits an offence and is
liable on conviction to a fine five times the annual fees.
 (6) An organisation not registered by the Council which
offers engineering consultancy commits an offence and,
on conviction shall forfeit all proceeds of the transaction
to the Federal Government of Nigeria.

(7) If the Registrar or any other person employed by the

Council willfully makes any falsification in any matter
relating to the Register, he commits an offence.

(8) A person who contravenes subsection (1), commits an

offence and is liable on conviction to forfeit all proceeds
of the transaction to the Federal Government of Nigeria.

(9) A person who contravenes subsection (2), commits an

offence and is liable on conviction to loose his licence for
a minimum term of One year and maximum term of five
years.

(10) A person who contravenes subsection (3), commits an

offence and is liable on conviction to a fine not less than
N2,500,OOO.OO.

(11) A person who contravenes subsection (6), shall, on

conviction, loose his licence for a minimum term of one
year and maximum term of five years and pay a fine of not
less than Nl,OOO,OOO.OO.

(12) Any person who contravenes the provisions of any

regulation made under this Act, commits an offence and is
liable on conviction to the penalties provided in that
regulation."

16. Insert after section 18 of the Principal Act, new sections "18A" - "18D"- Insertion of new
sections 18A - 18D.

"Legal "ISA. (1) Subject to section 174 of the Constitution

proceedings.
of the Federal Republic of Nigeria, the Council is
responsible for -

(a) prosecuting offenders under this Act; and

(b) conducting such proceedings as may be

necessary for the enforcement and due
administration of this Act.

(2) Subject to subsection (1), a staff of the Council who is

 a Legal Officer within the meaning of the Legal
Practitioners Act is, while in the employment of the
Council, entitled to represent the Council as a Legal
Practitioner for the purpose and in the course of his
employment.

(3) Proceedings under this section may be undertaken by

the Council or a person authorised by it in that behalf
in the Federal High Court.

Jurisdiction
18B. (1) Offences under this Act may be tried
and by the Federal High Court.
prosecution
of offences.
(2) Where a provision is made in this Act
for a criminal sanction to be imposed in case of an act,
omission or default without reference to the default
being an offence, or without reference to conviction in
a court, as the case may be, the reference to the act,
omission or default shall be construed as referable to
an offence, and the expression, "offences", as used in
this section shall have effect in relation to any act,
omission or default.

Application 18C. The court imposing a fine under this Act

of fines. may direct that the whole or any part thereof be applied in,
or towards payment of, the costs of the proceedings, or in
or towards compensating the Council and subject to any
such direction, all fines under this Act shall,
notwithstanding anything in any other enactment, be paid
into the Fund of the Councilor into. the appropriate
Consolidated Revenue Fund.

Application to l8D. (1) The Council may apply to the

the Federal court for direction in respect of any matter concerning
High Court for its duties, powers and functions under this Act and on
direction.
such application, the court may give a direction and
make such further order or orders as it deems fit in the
circumstance.

(2) The Council may conduct inquiries with respect to the

compliance with the provisions of this Act by any
authorised person or body."

17. Section 19 of the Principal Act is amended - Amendment of section

19.

(a) in subsection (1) -

 !~J
(i) by inserting after the words, "Armed Forces of the
Federation", in line 3, the words, "or private sector";

(ii) by substituting for the word, "engineer", in lines 2 and 3, the

words, "engineering practitioner"; and

(iii) by deleting the words, "or is otherwise exempted", in line 4;

(b) in subsection (3), by inserting after the word, "university", in

line 1, the words, "polytechnic and technical college"; and

(c) in subsection (4), by - .

(i) substituting for the word, "engineer", in line 2, the words,

"engineering practitioner", and

(ii) inserting immediately after the word, "company", in line 2, .

the words, "while private sector includes all non-
governmental organisations."

18. Section 20 of the Principal Act is amended by substituting for the word, "engineer", in Amendment of section
lines 2 and 5, the words, "engineering practitioner". 20.

19. Insert after section 21 of the Principal Act, a new sections "21A"- Insertion of new section
21A.

"Department of 21A. (1) The Council shall establish a

Engineering department to be known as the Engineering Regulations
Regulations
Monitoring. Monitoring (ERM) Department which shall be charged
with the duties of monitoring firms and ensuring that
engineering is practiced in Nigeria in accordance with
relevant codes of engineering practice, in the protection
of her development and economic investment.

(2) The ERM Department shall consist of personnel of all

engineering cadres.

(3) The ERM team shall have access to an engineering

project site, manufacturing, engineering education,
institution or any site where engineering is being
practised.

(4) In performing the functions as stated in this section, any

manufacturing or engineering firm, a construction
company or person or group of persons who obstructs or
threatens violence to any or on any member, commits an
 /0 D

offence and is liable on conviction to -

(a) in the case of company, firms or institutions a

fine ofN2,OOO,OOO.OO; and

(b) in the case of an individual, a fine of

NSOO,OOO.OOor imprisonment for a term of six
months."

20. Section 22 of the Principal Act is amended by inserting, in alphabetical order, the Amendment of section
following interpretations - 22.

"Council" means the Council established under section 1 (1) of this Act;

"engineering practitioner" includes a registered engineer, engineering technologist,

~ engineering technician and engineering craftsman;

"practice of engineering" includes any act of planning, professional service or creative

work requiring the application of special knowledge of mathematics, physics, chemistry,
biology and engineering principles in form of consultation, invention, discovery,
valuation, research and teaching in recognised engineering institutions, planning,
operation, maintenance supervision of construction and installation involving
investigating, advising, operating, evaluating, measuring, planning, designing, specifying,
laying and directing, constructing, commissioning, inspecting or testing in connection with
any public or private utility, structure, building machine, equipment, processing, work or
project safeguarding the public interest in all sectors of the economy for the benefit of
mankind;

"professional misconduct" refers to when any person who is licenced under this Act -

(a) deliberately fails to follow the standards of conduct and

practice of engineering profession set by the Council;

(b) commits gross negligence in the conduct of his professiorial

duties;

(c) allows another person to practise in his name where the person

(i) is not a holder of a licence,

(ii) is not in partnership with him,

(iii) takes advantages of a clients' by abusing position of

trust, expertise or authority,
 l~I
(iv) lacks regards or concern for client needs or ~ights, or

(v) shows incompetence or inability to render professional

engineering service or works; or

(d) knowingly submits a land survey, valuation or environmental

impact assessment document prepared by a person who is not
licenced to prepare such documents under any written law in
force;

"registered engineering practitioner" means a person registered under the various

categories;

"registered engineering firm" means a firm registered under the various categories;

______
"regulations" means regulations made by the Council; and

"temporary registration" includes registration for non-Nigerian engineering practitioners".

Amendment of First
Schedule.
21. The First Schedule to the Principal Act is amended -

(a) in paragraph 1 -

(i) subparagraph (1), by substituting for the word,

"engineer" in line 2, the words, "engineering
practitioner" ,

(ii) by substituting for subparagraph (5), a new

subparagraph "(5)" -

"(5) Subject to section 1 (2) ofthis Act, a person who

ceases to be a member of the Council is eligible
to become a member of the Council for one more
term and no more unless he is an elected
President." ,

(iii) by substituting for subparagraph (7) (b), a new

subparagraph "(7) (b)"-

"(b) after the expiration of that period, be exercisable

by the Council, and where an existing member of
the Council is elected President, his office as an
existing member becomes vacant and his term of
office as President begins on the date of his
election as President; and
 (iv) by inserting after subparagraph (7), new
subparagraphs "(8)" and "(9)"-

"(8) The President shall be elected into the office for a

term of four years and no more";

(9) There shall be one Vice-President from among the

Council members whose job or duties shall be
determined by the Council members";

(b) by substituting for paragraph 2, a new paragraph "2'~-

"Powers ofthe Council

2. (1) The Council urider this Act shall have power to

do anything which, in its opinion, is calculated
to facilitate the carrying on of its activities.

(2) The Council under this Act shall have power

to enter and inspect sites."; and

(c) in paragraph 4, by substituting for the word, "eleven", the

figure, "15".

22. Insert after the Second Schedule to the Principal Act, a new "Third Schedule"

Insertion of Third
Schedule.
"Third Schedule Section 2 (5)

Provisions Related to Charging, Payment and Collection of Levies, Fees, Charges,

Surcharges or Other Stipulated Sources of Funding Under this Act

Levies, fees, charges and surcharges

1. Levies, fees, charges and surcharges stated in section 2
under this Act shall be administered as prescribed under
this Schedule.

Forfeiture and surcharge from funds forfeited to the Federal

Government of Nigeria
2. (1) There shall be paid into the Fund of the Council a
surcharge of 30% deductible from funds forfeited to the
Federal Government of Nigeria by offenders under this
Act.
 (2) The Accountant-General of the Federation shall, after
reconciliation with the Council, be responsible for
ensuring the accurate deduction and remittance of the
payable forfeiture surcharge into the Fund of the
Council;

(3) The surcharge shall be paid in full into the Fund of the
Council by the Accountant-General of the Federation.

Engineering development levy from all engineering projects

undertaken by the Federal Government of Nigeria

3. (1) There shall be paid into the Fund of the Council a levy of
0.005% deductible from all sums paid on the contract sum
for all engineering projects undertaken by the Federal
Government of Nigeria.

(2) The engineering projects shall be for the development,

construction, reconstruction, rehabilitation and
maintenance of roads, railways, airports (including
runways), irrigation, dams, power (including generation
and transmission), mechanical and electrical services.
!.
(3) The Accountant-General of the Federation is responsible
for ensuring the accurate deduction and remittance of the
payable engineering development levy into the Fund of
the Council.

(4) The levy shall be paid in full into the Fund of the
Council by the Accountant-General of the Federation."

23. This Act may be cited as the Engineers (Registration, etc.) (Amendment) Act, 2018. Citation .
. ~
 I, CERTIFY, IN ACCORDANCE WITH SECTION 2 (1) OF THE ACTS
. AUTHENTICATION ACT CAP. A2, LAWS OF THE FEDERATION OF NIGERIA 2004,
THAT THIS IS A TRUE COPY OF THIS BILL PASSED BY BOTH HOUSES OF THE
NATIONAL ASSEMBLY.
 Schedule to the Engineering
)-
(Registration, Etc.) (Amendment)
): .,.;1",,:

Bill, 2018
·~~c·····",· "-'

SHORT TITLE OF _LOI'JG TITLE OF ~ tIE BILL SUIvIlVLfu.~YOF THE Dfl).TE P~~SSED D,i ..••-.t". 'r v P "SC:FD nv
.Jl...J '"1..
..•• ,-,.-..J_.I'-' II

THE BILL CONTENTS OF THE BILL R-i' THE SENATE THE HOUSE 0.Ii I
"R=pnH'°-""i'~T' ~n~""'"
1"" ~""0J',.'." L ,'L" I
I !
Engineering I.An Actto amend the Engineers I !l1is. Bill. amend,s the ~nginee~s I 16l!1 October, 2018
,-lI1
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une, -<-U c
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(Registration, I
Etc.) (Registration, Etc.) Act, Cap. El L I (Registration, etc.) Act, Cap £1 l, !
(Amendment) Bill, I Lavis of the Federation of Nigeria, Laws of the Federation of N:~eria, I
I
I
f . • t' 2004 to. a..TllOIlg other tlllllZS,
_7{)OL!- to, arnonzsr otner uunzs.
_1 -
2018. ,: 'ro -'.
, -, -, -.~ broaden the powers or the Council I
broaden. . _the , Dowers
• of the COUDcll
. 3D.d' its l."\.eglsLrar,
n '.
reCGgmse . l'
_ne I
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and lIS r.,c .lSITuJ and recozruse the
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diversirv"'J of engineering
_ '-- and provide
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pro~s~:on; 311d for related II regulation monitoring, ~ ~ I i

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I matters.
'______________________________
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. I ct:'0i~?~hdLthis Eill has been carefully CO.(11p?J:ed 'l-l/ [C:.~:: \\-1.(11 the decision reached l)y the National /~._ssl:albly ::L'1d found by me '[(I ~~ L-;:-u·~
- .,
and correct d::c~J.si OTl vi I:"2e }-101jSi:;S and is 111 accordance with the lJr\J"V~SlO!l:: IJf ti.'".i·~ "":\cts Authentic, _:.~i:jn ~~L': C&1J . .L4'J:: Laws lif d-.c~
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200~·.

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